Akash vs The State Of Madhya Pradesh
2023 Latest Caselaw 3701 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 2234 of 2023
                                               (AKASH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-03-2023
                               Shri Jafar Khan - Advocate for the appellant.

                               Shri S. K. Gupta - Panel Lawyer for the respondent/State.

None for victim despite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.3312/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 354 of IPC and Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 3 years and fine of Rs.1000/- and R. I. for 3 years and fine of Rs.1000/- respectively with default stipulations vide judgment dated 16.01.2023

passed in Special Case No.59/2022 (State of M.P. Vs. Akash) by III Additional Sessions Judge/Special Judge (POCSO Act) Sagar.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. In the course of trial, appellant was on bail and he has not misused the liberty granted by way of bail. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 06.03.2023. Learned trial Court has not properly appreciated the evidence of prosecution Signature Not Verified Signed by: BIJU BABY Signing time: 3/4/2023 1:51:53 PM

witnesses. Appellant has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the appellant be released on bail till the disposal of appeal.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the execution of remaining jail sentence of the appellant.

Consequently, I.A.No.3312/2023 is allowed. The execution of jail sentence of appellant- Akash is hereby suspended subject to depositing the

fine amount if not already deposited. It is directed that appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 15.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time: 3/4/2023 1:51:53 PM